Bill Text: NY A03318 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-01-21 - REFERRED TO CONSUMER PROTECTION [A03318 Detail]

Download: New_York-2019-A03318-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3318
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. ZEBROWSKI, GOTTFRIED -- read once and referred to
          the Committee on Consumer Affairs and Protection
        AN ACT to amend the general business law, in relation to authorizing the
          attorney  general to bring an action for violation of the prohibitions
          concerning unlawful selling practices and specifying damages awardable
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 3 of section 396 of the general business law,
     2  as amended by chapter 99 of the laws of 1966,  is  amended  to  read  as
     3  follows:
     4    3. a. Whenever there shall be a violation of this section, an applica-
     5  tion  may  be  made by the attorney general in the name of the people of
     6  the state of New York to a court or justice having jurisdiction to issue
     7  an injunction, and upon notice to the defendant of not  less  than  five
     8  days,  to  enjoin and restrain the continuance of such violation; and if
     9  it shall appear to the satisfaction of the court  or  justice  that  the
    10  defendant  is,  in  fact,  violating  this section, an injunction may be
    11  issued by such court or justice, enjoining and restraining  such  action
    12  or violation, without requiring proof that any person has, in fact, been
    13  misled or deceived or otherwise damaged thereby.
    14    b. In addition to the authority granted to the attorney general pursu-
    15  ant  to  paragraph  a of this subdivision and the authority granted to a
    16  recipient pursuant to paragraph a of subdivision two  of  this  section,
    17  the  attorney  general,  or any person adversely affected by reason of a
    18  violation of the provisions of subdivision  two  of  this  section,  may
    19  bring an action against a person who violates the provisions of subdivi-
    20  sion two of this section to recover the greater of:
    21    (1) actual damages; or
    22    (2) up to five hundred dollars for each instance in which goods, wares
    23  or  merchandise  were sent in violation of the provisions of subdivision
    24  two of this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02071-01-9
        A. 3318                             2
     1    c. In an action under paragraph b of this subdivision  the  court  may
     2  award  the  costs of the action together with reasonable attorney's fees
     3  to a prevailing plaintiff.
     4    d.  Nothing  in this section shall in any way limit rights or remedies
     5  which are otherwise available under law to the attorney general  or  any
     6  other person authorized to bring an action under this section.
     7    §  2.  This  act  shall take effect immediately and shall apply to all
     8  selling practices pertaining to unordered goods.